Luca & Anor Vrs Samir & 2 Ors [2021] GHASC 107 (21 April 2021)

Luca & Anor Vrs Samir & 2 Ors [2021] GHASC 107 (21 April 2021)

Plaintiffs have locus standing to sue in their own right under Italian law, which governs devolution of property; letters of administration under Ghanaian law are not required. The power of attorney executed before Notary Public satisfies section 1(2) of Act 549 and is valid. The appeal fails and the case is remitted for trial of remaining issues.

Citation
[2021] GHASC 107
Parties
Plaintiff/appellant/respondent: Florini Luca; Plaintiff/appellant/respondent: Florini Alesandro; Defendant/respondent/appellant: Mr. Samir; Defendant/respondent/appellant: Divestiture Implementation Committee; Defendant/respondent/appellant: Attorney General
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
21 April 2021
Procedural Posture
Civil Appeal / Judgment on Appeal Against Court of Appeal Decision
Outcome
appeal dismissed
Legal Topics
Capacity to Sue, Letters of Administration, Validity of Power of Attorney, Choice of Law, Devolution of Property
Source Language
English
Property Law Conflict of Laws Civil Procedure Capacity to Sue Letters of Administration Validity of Power of Attorney Choice of Law Devolution of Property

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Parties

Florini Luca

Plaintiff/appellant/respondent

Florini Alesandro

Plaintiff/appellant/respondent

Mr. Samir

Defendant/respondent/appellant

Divestiture Implementation Committee

Defendant/respondent/appellant

Attorney General

Defendant/respondent/appellant

Procedural Posture

Civil Appeal / Judgment on Appeal Against Court of Appeal Decision

Legal Issues

  1. 1 Whether plaintiffs require letters of administration to sue in respect of property of their deceased mother under Ghanaian or Italian law
  2. 2 Whether the power of attorney executed by the plaintiffs is valid under Ghanaian law

Ratio Decidendi

Plaintiffs have locus standing to sue in their own right under Italian law, which governs devolution of property; letters of administration under Ghanaian law are not required. The power of attorney executed before Notary Public satisfies section 1(2) of Act 549 and is valid. The appeal fails and the case is remitted for trial of remaining issues.

Court Disposition

appeal dismissed

Orders

  • Case remitted to High Court Sekondi for trial of remaining issues